Facts

ONLINE DOCUMENT

Whether it is the change of the seasons, a drop-off in hand-outs or word spreading about returning enforcement, the street corners, where drivers were sure to see at least one panhandler for the last couple of months, stood empty.

Commissioners hope the new ordinance they passed will keep it that way — although the American Civil Liberties Union questioned the constitutionality of the new rule that will take effect Monday.

Michael Barfield, legal chairman of the local ACLU chapter, told commissioners that the ordinance is overbroad and will result in discriminatory enforcement. He also said traffic safety is not a compelling reason to restrict First Amendment rights.

“Speech and the speaker often make individuals uncomfortable but we can't pass laws banning that speech,” Barfield said. “We believe this ordinance is really dead on arrival.”

City Attorney Bob Fournier said the ordinance is very similar to St. Petersburg's, which has withstood a legal challenge.

“I'm reconciled to the notion I don't think the ACLU is going to say it's totally happy with anything the city would do,” Fournier said.

But Fournier made a few changes to the proposal after talking with Barfield, including limiting the ban on roadside panhandling to certain major streets and allowing advertisers — not people soliciting or distributing anything to drivers — to hold signs on a median.

People who are tired of seeing panhandlers along streets have barraged city officials with angry and worried messages: City Manager Tom Barwin held up a stack of more than 100 emails from residents at Tuesday's meeting.

But until recently, Sarasota's leaders were hamstrung.

Police were supposed to stop citing people for roadside panhandling in December after Fournier warned that Sarasota's old ordinance could be unconstitutional and violate First Amendment rights. But an officer still arrested a man, and the ACLU sued Sarasota and filed an injunction.

For 60 days, city police could not fine or jail the panhandlers along roads and on medians, and Sarasota could not pass a constitutional version of the ordinance that would allow enforcement once again.

The injunction has lifted and the new ordinance prohibits transactions — like panhandling — between pedestrians and people in cars, because it is a safety issue.

It is based on principles that have withstood legal challenges in federal courts, according to documents the city attorney submitted.

An attorney will meet with police this week and discuss the new ordinance and enforcement.

On Tuesday morning, Michael Barwick was one of the few people out asking for money on a median. He stood on Fruitville and U.S. 41, where in an hour he had made $2 and got a can of soda, a Lunchables meal and a cup of soup.

Barwick said he has been panhandling for three months and noticed a drop-off in giving lately.

He argued safety was not the real motivation for city officials who want to get rid of panhandlers like him. Barwick said he thinks the city was embarrassed by the look of people begging on street corners and officials do not want police to look ineffective.

“It ain't about traffic, it's about the greed of money,” he said.

Barwick plans to stop when police let him know flying signs is illegal once again.

“Then we'll just have to figure out another way to get money without committing a crime,” Barwick said.

<p><em>SARASOTA</em> - Many of the intersections where people normally hold signs asking for money were conspicuously quiet Tuesday, shortly before city commissioners passed an ordinance prohibiting the action. </p><p>Whether it is the change of the seasons, a drop-off in hand-outs or word spreading about returning enforcement, the street corners, where drivers were sure to see at least one panhandler for the last couple of months, stood empty.</p><p>Commissioners hope the new ordinance they passed will keep it that way — although the American Civil Liberties Union questioned the constitutionality of the new rule that will take effect Monday.</p><p>Michael Barfield, legal chairman of the local ACLU chapter, told commissioners that the ordinance is overbroad and will result in discriminatory enforcement. He also said traffic safety is not a compelling reason to restrict First Amendment rights.</p><p>“Speech and the speaker often make individuals uncomfortable but we can't pass laws banning that speech,” Barfield said. “We believe this ordinance is really dead on arrival.”</p><p>City Attorney Bob Fournier said the ordinance is very similar to St. Petersburg's, which has withstood a legal challenge.</p><p>“I'm reconciled to the notion I don't think the ACLU is going to say it's totally happy with anything the city would do,” Fournier said.</p><p>But Fournier made a few changes to the proposal after talking with Barfield, including limiting the ban on roadside panhandling to certain major streets and allowing advertisers — not people soliciting or distributing anything to drivers — to hold signs on a median.</p><p>People who are tired of seeing panhandlers along streets have barraged city officials with angry and worried messages: City Manager Tom Barwin held up a stack of more than 100 emails from residents at Tuesday's meeting. </p><p>But until recently, Sarasota's leaders were hamstrung.</p><p>Police were supposed to stop citing people for roadside panhandling in December after Fournier warned that Sarasota's old ordinance could be unconstitutional and violate First Amendment rights. But an officer still arrested a man, and the ACLU sued Sarasota and filed an injunction. </p><p>For 60 days, city police could not fine or jail the panhandlers along roads and on medians, and Sarasota could not pass a constitutional version of the ordinance that would allow enforcement once again.</p><p>The injunction has lifted and the new ordinance prohibits transactions — like panhandling — between pedestrians and people in cars, because it is a safety issue.</p><p>It is based on principles that have withstood legal challenges in federal courts, according to documents the city attorney submitted.</p><p>An attorney will meet with police this week and discuss the new ordinance and enforcement. </p><p>On Tuesday morning, Michael Barwick was one of the few people out asking for money on a median. He stood on Fruitville and U.S. 41, where in an hour he had made $2 and got a can of soda, a Lunchables meal and a cup of soup. </p><p>Barwick said he has been panhandling for three months and noticed a drop-off in giving lately.</p><p>He argued safety was not the real motivation for city officials who want to get rid of panhandlers like him. Barwick said he thinks the city was embarrassed by the look of people begging on street corners and officials do not want police to look ineffective.</p><p>“It ain't about traffic, it's about the greed of money,” he said. </p><p>Barwick plans to stop when police let him know flying signs is illegal once again.</p><p>“Then we'll just have to figure out another way to get money without committing a crime,” Barwick said.</p>